Effective Date: January 1, 2012
This Agreement applies to all Site visitors and users of the Site or ipsy Services. If you don't agree with any term or condition in this Agreement, please don't use the Site or any ipsy Service. If you have any questions, please refer to the Site's FAQs at help.ipsy.com/. If you don't find your answer there, email us using this link: help.ipsy.com/customer/portal/emails/new.
ipsy operates an online beauty community on the Site and on social networking platforms controlled by ipsy such as the ipsy Facebook® page, the ipsy Instagram® and Pinterest® boards and the ipsy Twitter® feed (collectively, the "ipsy Online Community"). Our community is a place for you to express your unique beauty.
If you take the beauty quiz on our Site and register as an ipsy member you become an "ipster". There is no payment required to become an ipster.
You are not required to use social media at all to become an ipster. We hope you share your unique beauty with other ipsters in the ipsy Online Community, but you are not required to do so.
ipsy offers its community members four beauty services: Glam Bag subscriptions, Points, ipsy Offers and Giveaways (collectively, the "ipsy Services").
ipsters residing in the 50 United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, the Northern Mariana Islands and Guam ("United States") or Canada may subscribe to receive monthly cosmetics bags ("Glam Bags") containing full-size or deluxe sample-size beauty products. ipsy offers two Glam Bag subscription types with automatic renewal: (1) a rebillable monthly subscription ("Monthly Subscription"); and (2) a rebillable annual subscription ("Annual Subscription"). You can subscribe here: www.ipsy.com/subscribe. There may be a waitlist to receive your first Glam Bag. You can read more about the waitlist below.
Glam Bag Contents: Glam Bags typically contain 4 to 5 beauty items. The contents of each Glam Bag will vary from month to month. We customize your Glam Bag based on your ipsy beauty profile, your product reviews and other feedback you choose to provide to us, but we make no guarantees that you will receive a particular product.
Monthly Subscription: By purchasing a Monthly Subscription, you agree to an initial and recurring Monthly Subscription fee at the then-current Monthly Subscription rate, and you accept responsibility for all recurring charges prior to cancellation.
AUTOMATIC MONTHLY RENEWAL TERMS: Once you subscribe and are off the waitlist, ipsy will automatically process your Monthly Subscription fee in the next billing cycle. ipsy will continue to automatically process your Monthly Subscription fee each month at the then-current Monthly Subscription rate without further notice to you or authorization from you, until you cancel your subscription. We explain how to cancel your Monthly Subscription below at the Section "Cancellation Policy".
Annual Subscription: By purchasing an Annual Subscription, you agree to an initial pre-payment for one full year of service (after you are off the waitlist) and a recurring Annual Subscription renewal fee at the then-current Annual Subscription rate.
AUTOMATIC ANNUAL RENEWAL TERMS: We bill your credit card for the Annual Subscription renewal fee in the first month of your next Annual Subscription.
For example, let's say you purchased an Annual Subscription beginning in May 2015 and ending in April 2016. We will bill you for the second year (May 2016 to April 2017) in May 2016, unless you cancel your Annual Subscription before May 2016. You accept responsibility for all recurring charges prior to cancellation. Once you subscribe, ipsy will automatically process your Annual Subscription fee at the then-current Annual Subscription rate without further notice to you or authorization from you until you cancel your subscription. We explain how to cancel your Annual Subscription below at the Section "Cancellation Policy".
Waitlist: Our Glam Bags are in high demand so you may be placed on a waitlist when you first subscribe to the program. We try to convert members from the waitlist into active subscribers as quickly as possible, but the timing depends on a number of important factors including our ability to find and source the best and highest-quality brands and products that successfully meet the personal interests and needs identified in each new subscriber's beauty profile. We never want to compromise the caliber or experience of the Glam Bag program.
Skip the Waitlist: At different points each month, we communicate through email and the ipsy Facebook page special promotions to skip the waitlist. These promotions are intended to reward our biggest fans for helping to spread the word about ipsy through social media. Skipping the waitlist is not required and is at each ipster's discretion.
Cancellation Policy for Monthly Subscription Renewals: You may cancel your Monthly Subscription at any time by logging into your account and following the cancellation procedures described there. If you need help with this email us using this link: help.ipsy.com/customer/portal/emails/new. If you are on the waitlist you cannot cancel by logging into your account, so please email us using the same link to cancel your waitlist Monthly Subscription. If you cancel your Monthly Subscription, the cancellation will take effect for your next Glam Bag monthly billing cycle. You will not be eligible for a refund for monthly subscription fees paid prior to the month the cancellation takes effect.
Cancellation Policy for Annual Subscription Renewals: Annual Subscription fees are non-refundable. You may cancel your Annual Subscription renewal at any time after you were billed for the then-current year by logging into your account and following the cancellation procedures or by emailing us using this link: help.ipsy.com/customer/portal/emails/new.
If you cancel your Glam Bag subscription you can re-subscribe any time, subject to the waitlist.
No Returns: You may not return any Glam Bag you receive. If you have concerns about the Glam Bag you have received please email ipsyCare using this link: help.ipsy.com/customer/portal/emails/new. We will work with you to address your concerns.
ipsters residing in the United States or Canada may earn points redeemable on the Site ("Points") for certain rewards products. You automatically enroll in the Points program when you subscribe to the Glam Bag or get on the waitlist to subscribe. You can find our Points program here: www.ipsy.com/points.
Earning Points: To earn Points, you must be an active Glam Bag subscriber or on the waitlist. You can earn Points in a variety of ways. Check out the Site's Points tab for more information.
Points Balance: You can check your Points balance at any time by signing into your ipsy account and checking your Points tab on the Site.
Redeeming Points: To redeem Points you must be an active Glam Bag subscriber. If you are on the waitlist you can't redeem Points. Points are redeemable towards rewards products ("Rewards") solely on the Site as long as you have sufficient points for a Reward. Points can be used to redeem only one of each type of Reward. Redemption values will vary. Your Points have zero cash value, so you can't redeem them for cash or credit. To redeem your Points, simply go into your Activity Log and view the Rewards available at that time. If you see something you like and you have earned the required number of Points, click the button that says "REDEEM THIS". When you click this button, your Points will be used, and the Reward you have chosen will be shipped in your next Glam Bag shipping cycle.
Expiration of Points: Points expire one year from the date they were first earned even if you're an active Glam Bag subscriber or on the waitlist. If you don't redeem your Points within this time frame, you will automatically forfeit them. Your Points Activity shows you the dates on which you earned your Points.
Limited Availability of Rewards: Rewards are available only while supplies last and quantities may be limited.
No Returns: You may not return any Reward you receive by redeeming Points. Since Points have no cash value, we will not issue any cash or credit for them.
Effect of Glam Bag Subscription Cancellation: If you cancel your Glam Bag subscription, we will save your Points until their expiration date one year from the date they were first earned. If you re-subscribe within that time period, your Points will be right there waiting for you, though they will continue to expire one year from the date they were first earned (see "Expiration of Points" Section above). If you cancel your Glam Bag subscription before we are able to ship you your Reward, then we will instead refund your Points to you.
Questions: If you have any questions about the Points program, please visit us at help.ipsy.com.
ipsy uncovers amazing beauty finds from brands we love and offers them for purchase on the Site to ipsters residing in the United States. You can find ipsy Offers here: www.ipsy.com/offers.
How to purchase an ipsy Offer: Go to www.ipsy.com/offers to find ipsy Offers. We also post ipsy Offers on our social media platforms on a regular basis, so keep an eye out for great products at great prices! You do not need to be an ipster to purchase ipsy Offers.
Limited Availability: ipsy Offers are available for purchase only during the Offer period and only while supplies last, on a first-come, first-served basis. Quantities will be very limited.
Receiving Your ipsy Offer: If you purchase a particular ipsy Offer, you will receive an email from ipsy confirming all of the details of your order ("Confirmation Email"). Orders you don't cancel (see "Cancellation of ipsy Offer" Section below) will be shipped to the address on file in your ipsy account. We ship by standard ground shipping. Certain ipsy Offers may qualify for discounted or free shipping; all such ipsy Offers will be clearly labeled.
Cancellation of ipsy Offer: You may cancel your ipsy Offer order after receiving the Confirmation Email, but only if we have not shipped the Offer to you yet. You must write to us using this link help.ipsy.com/customer/portal/emails/new to cancel your ipsy Offer.
Returns: If you are not entirely happy with your ipsy Offer, you may return it to ipsy within 30 days of your purchase. All returned ipsy Offers must be unused, in their original packaging and in new and sellable condition. ipsy will refund the purchase price back to the credit card you used, less a USD$5.00 restocking fee. Refunds may take up to ten business days to process. Return shipping and handling are free when you contact ipsyCare and use the return label that we provide. We will not refund original shipping charges unless an error on our part caused the return. Because of the limited quantities of ipsy Offers, there will be no exchanges.
Questions: If you have any questions about ipsy Offers, please see our FAQs at: help.ipsy.com
Official Rules for Contests and Sweepstakes
Every month ipsy runs contests, based on a combination of skill and chance, for ipsters to win beauty products. These contests are called “ipsy Giveaways” and “Guru Giveaways” (together “Giveaways”).
We advertise our Giveaways through various means, depending upon the type of Giveaway and the channels we ;use. You can find out about them on ipsy.com, gurugiveaways.com, or through ipsy's social media channels, which include YouTube, Instagram, Snapchat, Facebook, Vine, Vimeo, and others.
Terms for Giveaways. Your participation in any Giveaway is subject to and governed by the official rules set forth here, along with any guidelines governing the social media additional terms (“Additional Terms”) outlined in the specific Giveaway listed on ipsy.com (the “Specific Giveaway”). If you are a Open Studios member, you may also find additional promotion guidelines on gurugiveaways.com. If there is a conflict between these official rules and the Additional Terms outlined in the Specific Giveaway, the Additional Terms will govern.
No purchase necessary to enter or win a sweepstakes offered by ipsy. In some cases, purchase may be necessary for entering contests. You can find information regarding whether purchase is necessary for a contest by checking the Additional Terms for the Specific Giveaway.
Eligibility Unless otherwise noted in the Additional Terms for the Specific Giveaway, ipsy Giveaways are open to legal residents of the 50 United States and Canada (excluding the Province of Quebec), who are the age of majority in their jurisdiction (“Entrants”). Sweepstakes supervisors and members of their immediate families, are not eligible to participate or win. The Sweepstakes is subject to all applicable federal, state and local laws, rules and regulations. Void where prohibited.
Sponsor Unless otherwise outlined in the Specific Giveaway, the Sponsor of the Giveaway is Personalized Beauty Discovery, Inc. (d/b/a/ ipsy) 201 Baldwin Ave. 2nd Floor, San Mateo, CA 94401 (“Sponsor” or “ipsy”).
Sweepstakes Period. The Sweepstakes begins and ends on the time and date outlined in the Specific Giveaway, according to Sponsor’s internal time clock. All times are listed in California time, whether Pacific Daylight or Pacific Standard Time.
Only one entry per natural person per Giveaway. Unless otherwise noted in the Specific Giveaway, you may only enter one time. Multiple entries for sweepstakes will not increase your chances of winning (you will still only receive one entry). If you enter more than once in a contest, only your last eligible entry will be counted.
You may enter as many current Giveaways as you are otherwise qualified to enter. In any given year, if your winnings exceed $600, you winnings may be considered by the IRS a taxable event, and ipsy may be required to issue you a tax form 1099.
How to Enter. Follow the instructions contained in the Specific Giveaway to enter. In some cases, you may be asked to enter through a social media channel. In that case, you must have an account on that social media channel. All social media channels ipsy uses to launch Giveaways are free to join and ipsy makes commercially reasonable efforts to make sure Giveaways follow the guidelines set forth by the social media channel for promotions of that nature. In all cases where you are required to place hashtags on the entry, all hashtags must be included or your entry will not be eligible for the Specific Giveaway.
In the event the Specific Giveaway is a sweepstakes and the sweepstakes requires you to upload a photograph of yourself or show an image of yourself, you may upload any image that includes the requisite hashtags (so that we can find it), and you will be entered in the Specific Giveaway.
If the Specific Giveaway is a contest, you will be provided the judging criteria on which your entry will be judged.
Odds. The odds of winning depend upon the number of entries received.
Sweepstakes Winner Selection. On or within 48 hours of the sweepstakes close, and unless otherwise outlined in the Specific Giveaway, one (1) Entrant will be selected at random by Sponsor or its representative from among all eligible entries received (the “Selected Entrant”). In the event the Selected Entrant is a Canadian resident, s/he will be provided a skills question s/he must answer correctly in order to receive the prize.
Contest Winner Selection. At the close of the contest, all eligible contest entries will be judged by a panel of qualified judges using the judging criteria outlined in the Specific Giveaway, and the winner with the highest score will be deemed the winner (also “Selected Entrant”). In the event there is more than one winner to be determined, the Specific Giveaway will identify the number of winners and the specific prizes. In the event of a tie, those entries will be rescored.
Giveaway Winner Notification and Announcement. Unless otherwise noted, Selected Entrants will be announced publicly using the social media channel on which the Giveaway was launched, and contacted by way of direct message to be given instructions on how to claim their prizes. Only one attempt to contact the Selected Entrant will be made Selected Entrant will be required to respond (as directed in the direct message) within seven (7) calendar days of attempted notification. The failure to respond timely to the notification may result in forfeiture of the prize and, in such case Sponsor may, but is not obligated to select an alternate Selected Entrant.
Prize. The prize, the number of prizes, and the individual and total retail values of those prizes are listed in the Additional Terms of the Specific Giveaway.
Publicity. By participating in the Giveaway, any Entrant irrevocably grants the Sponsor and their respective successors, assigns and licensees, the right to use such Entrant’s, entry or submission, name, likeness, biographical information in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Sweepstakes or other promotions, and hereby release the Sponsor from any liability with respect thereto, unless prohibited by law
Prize Conditions. In cases where the prize in a Specific Giveaway exceeds $600.00, the Selected Entrant may also be required to complete additional paperwork, and may be required to provide Sponsor with her or his social security number and may be issued a tax form. In the event of a dispute about the identity of an Entrant, each entry will be declared made by the name and relevant information submitted at time of entry. Sponsor will not make multiple attempts to contact Selected Entrant.
No substitution, transfer, or cash redemption of prize permitted, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason.
Prizes are shipped only to the winner via ground shipping to the United States and Canada (excluding Quebec).
Conditions of Participating. By participating, Entrants agree to be fully and unconditionally bound by these terms, the Additional Terms, and the decisions of Sponsor ,and waive any right to claim ambiguity in the Giveaway or to claim ambiguity. Any portion of the Giveaway may be canceled, suspended and/or modified, in whole or in part, if in our opinion any fraud, technical failure or other factor beyond our control impairs the integrity or proper functioning of the Giveaway. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of any Giveaway or Sponsor’s website, to be acting in violation of these terms, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. Entrants may not enter with multiple identities or use any automated system, bot or other device or artifice to enter or obtain more than the maximum number of qualified entries. Sponsor reserves the right at its sole discretion to terminate any Giveaway and, if terminated, at its discretion, select the winner(s) either by applying the judging criteria, or, if a sweepstakes, in a random drawing from among all eligible, non-suspect entries received prior to action taken.
Limitation of Liability. If for any reason an entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, the Entrant's sole remedy is another entry in the same Giveaway during the Giveaway period listed in the Specific Giveaway. Selected Entrants also agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective officers, directors, employees, representatives and agents (collectively “Releasees”) from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from: (i) use, redemption, acceptance, possession, ownership, or misuse of any prize, (ii) participation in any activity, event, or excursion offered in connection with the prize, (iii) use of any facility, service and/or accommodation related to the prize, or (iv) participation in any Sweepstakes-related activity or participation in any ipsy Giveaways. The Releasees shall not be liable for: (i) late, lost, delayed, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Giveaways; or (v) any printing, typographical, administrative or technological errors in any materials associated with these Giveaways. Without limiting the generality of the foregoing, Releasees are not responsible for computer malfunctions, network connections, email delivery problems, systems failure or incompatibility, typographical, technical or key-stroke errors, or interruptions in your internet service, and for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen notifications. In the event Sponsor is prevented from continuing with a Specific Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required.
Disputes and Jurisdiction. Disputes regarding these terms will be governed by the internal laws of the State of California. Decisions of Sponsor are binding and final. No claimant in any dispute involving Sponsor shall be entitled to claim or obtain indirect, punitive, incidental or consequential damages. Sponsor’s failure to enforce any provision in these Official Rules shall not constitute a waiver of that provision.
Other than "em michelle phan" beauty products, we don’t manufacture any of the beauty products we send to you. All other Glam Bag items and products distributed with Offers, Points and Giveaways are manufactured by their respective brands. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. We review the ingredients in each beauty product we distribute to confirm the ingredients comply with industry standards. It is your responsibility to review the ingredients as well, to avoid allergic reactions or other side effects personal to you.
U.S. residents who want to report a concern regarding any cosmetic product obtained from any source can contact the U.S. Food and Drug Administration at http://www.fda.gov/Cosmetics/ComplianceEnforcement/AdverseEventReporting/default.htm. Canadian residents can complete a Consumer Product Incident Report Form at www.hc-sc.gc.ca.
General: You may access the Site from anywhere in the world without incurring any fees or becoming an ipster. However, you will be required to join ipsy and be a legal resident of the United States or Canada to use certain Site features and ipsy Services.
Residency: The Site is available to anyone in the world, but the ipsy Services are limited to legal residents of the United States or Canada. The Glam Bag subscription service, the Points program and Giveaways are available to ipsters residing in the United States or Canada. You must reside in the United States to be eligible for ipsy Offers. Please note that we may sell items or include products in Glam Bags that are classified as ORM-D, which prevents us from shipping them to certain locations. We make no guarantee that you will be eligible to receive every product we sell or distribute.
Fees: It's free to use the Site, earn Points and win Giveaways, but the Glam Bag and ipsy Offers services each require that you pay a fee.
Age: You are not authorized to access or use the Site or any ipsy Service if you are under 13 years old. Individuals under 18 years old must at all times use the Site and ipsy Services only in conjunction with and under the supervision of a parent, or the supervision of a legal guardian who is at least 18 years old. In all cases, that parent or legal guardian is the Site user (or Site member or Glam Bag subscriber, if applicable) and will be responsible for any and all use of the Site and ipsy Services by the individual under 18.
ipsy Cookie and Tracking Policy
ipsy Copyright and Intellectual Property Policy
ipsy Community Guidelines
ipsy's Right to Revoke, Suspend, or Restrict Eligibility: ipsy reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. ipsy may, in its sole discretion, for any reason, at any time, revoke, suspend, or restrict your access to the Site or any ipsy Service. If ipsy bans you from the Site or any ipsy Service, you may not return to the Site or use that ipsy Service for any reason or in any manner including with a new username or identity. In the event that you return, or attempt to return, to the Site or use the ipsy Service after you've been banned, you will be deemed to have breached this Agreement, and ipsy reserves the right to pursue all rights and remedies available at law or in equity with respect to such breach.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if any. You agree to: (a) immediately notify ipsy of any unauthorized use of your password or account or any other security breach, and (b) ensure that you exit from your account at the end of each Site session. ipsy will not be liable for any loss or damage arising from your failure to comply with this Section.
Account Transfer Prohibited: You may not transfer or sell your ipsy account or username to any other party. You are fully responsible for all activity of your ipsy account and username.
General Practices Regarding Site Use and Storage: You acknowledge that ipsy may establish general practices and limits concerning Site use and storage. You agree that ipsy has no responsibility or liability for the deletion, failure to delete or failure to store any reviews, product designs, data or other content the Site maintains or transmits. You acknowledge that ipsy may, in its sole discretion, change these general practices and limits at any time, with or without notice to you.
You may access and view the Site Content and make single copies or prints of the Site Content at your own sole risk, only for your personal, non-commercial, and internal use.
User Content: You must own all User Content you submit to any ipsy Online Community or you must have the copyright owner's written permission to use it. You alone are responsible for the content and consequences of each of your activities in the ipsy Online Community and you submit User Content at your own risk.
ipsy does not claim ownership rights in your User Content. When you submit User Content to any ipsy Online Community you grant us a license to use such content, but you retain ownership.
Re-Posting User Content: It's possible for an outside website or third party to re-post your User Content. You agree to hold ipsy harmless for any dispute concerning such re-posting. ipsy assumes no responsibility for any third party's intellectual property infringement of User Content.
Trademarks: The trademarks, logos, service marks, and trade names (collectively the "Trademarks") displayed in the ipsy Online Community or through the ipsy Services are registered and unregistered Trademarks of ours and others and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders, or that are likely to cause customer confusion, or in any manner that disparages or discredits the rights holders. All Trademarks not owned by us that appear in the ipsy Online Community or through the ipsy Services, if any, are the property of their respective owners. Nothing contained on the Site grants, by implication, estoppel, or otherwise, or should be construed as granting, any license or right to use any of the Trademarks displayed in the ipsy Online Community without our written permission or that of the third-party rights holder.
Prohibited User Conduct: You agree that while using the Site and ipsy Services, you shall not: (1) submit any content to the Site that is false, defamatory, objectionable or otherwise illegal; (2) impersonate any person or entity, whether actual or fictitious, including anyone from ipsy, its affiliates, or another ipster; (3) misrepresent your affiliation with any third party; (4) post or republish third party advertising on any part of the ipsy Online Community; (5) attempt to gain unauthorized access to other computer systems through the Site; or (6) use the Site or ipsy Services in any unlawful, harassing, or intimidating manner, or in any manner that harms us or anyone else, as determined in our sole discretion.
Information on the ipsy Online Community: We control and operate the Site from the United States. ipsy does not control User Content postings to the remainder of the ipsy Online Community. The views expressed in the ipsy Online Community do not necessarily reflect or represent the views of ipsy, its staff or stylists.
ipsy reserves the right, but does not and shall not have an obligation, to monitor and review all User Content in the ipsy Online Community and to edit or remove any information or materials that are in violation of this Agreement or applicable law. ipsy also reserves the right at all times to disclose any information as necessary or advisable to satisfy any law, regulation, or government request.
You may find some User Content to be offensive or inaccurate. If you have concerns regarding User Content posted by others, please contact ipsyCare at help.ipsy.com/customer/portal/emails/new. We will review your concerns in good faith. If you want us to remove User Content posted by you, please contact ispyCare at help.ipsy.com/customer/portal/emails/new. We will remove your User Content as soon as reasonably possible. Please also review our Copyright and Intellectual Property Policy.
Linking to the Site: You agree that any time you link to the Site from another website, such link must connect to the full version of an HTML formatted Site page. You are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another Site. You agree not to link to the Site in any manner such that the Site or any Site page is "framed," surrounded, or obfuscated by any third-party content, materials, or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued and that the link open in a new browser window. We may revoke your right to link to the Site from any other site at any time upon written notice to you.
Fees and Billing: Prices are quoted in U.S. dollars. You agree to pay in full the price for each ipsy Service involving your purchase of a product by credit card, debit card, or by any other payment means acceptable to ipsy as each payment, if any, is due. You agree to pay all applicable taxes, if any. If ipsy does not receive timely payment from your credit card or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.
AUTOMATIC RENEWAL TERMS: For ipsy Services subject to automatic renewal, you agree that ipsy may submit periodic charges (monthly or yearly) without further authorization from you until you provide notice that you wish to terminate this authorization or change your payment method. You agree that such notice will not affect charges submitted before ipsy could reasonably act.
Our total price for any ipsy Service involving your purchase of a product (Glam Bag subscriptions and ipsy Offers services) will include the price of the product plus any applicable sales taxes. Such sales taxes are calculated based on the shipping address on file with ipsy and the sales tax rate in effect at the time of purchase. We will charge tax only in jurisdictions where the goods sold over the Internet are taxable. Further, Points redeemable for Rewards may be taxable, depending on the value of the item and any tax laws applicable to you. You are solely responsible for reporting such items on your tax returns and for paying any associated tax liability.
Unless otherwise indicated, our total price for any ipsy Service involving your purchase of a product will include shipping and handling fees. Glam Bag shipments to Canada are subject to a shipping fee.
Risk of Loss: A third-party carrier will ship any merchandise you purchase from our Site. Title and risk of loss for such merchandise will pass to you upon our delivery to the carrier.
Professional Advice Disclaimer: Any information we provide to you, including product descriptions and instructions, is for informational purposes only. Use of the Site is not meant to serve as a substitute for professional advice. You should read and strictly follow all product labels, packaging inserts and instructions, and manufacturer directions and warnings before using any product. When appropriate, you should seek independent professional advice.
Warranty Disclaimer: IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS PROVIDE THE SITE AND IPSY SERVICES "AS IS," "AS AVAILABLE," AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ADDITIONALLY, NO ADVICE OR INFORMATION FROM IPSY TO YOU, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
YOU AGREE THAT YOUR USE OF THE SITE, THE IPSY ONLINE COMMUNITY, AND THE IPSY SERVICES SHALL BE AT YOUR OWN SOLE RISK, AND THAT IPSY HAS NO LIABILITY FOR ANY LOSS RESULTING FROM SUCH USE.
Liability Limit: IN NO EVENT SHALL IPSY OR IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE OR IPSY SERVICES, INCLUDING LOST PROFITS, PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH, AND ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE LIABILITY OF IPSY AND IPSY'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF: (1) THE TOTAL FEES, IF ANY, YOU PAY TO IPSY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY; AND (2) USD$100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnity: YOU AGREE TO INDEMNIFY AND HOLD IPSY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF: (1) YOUR BREACH OF THIS AGREEMENT INCLUDING THE DOCUMENTS IT INCORPORATES BY REFERENCE; (2) YOUR VIOLATION OF ANY LAW; OR (3) YOUR VIOLATION OF ANY RIGHT OF A THIRD PARTY. IPSY RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH IPSY'S DEFENSE OF SUCH CLAIM.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS YOU AND IPSY HAVE AGAINST EACH OTHER ARE RESOLVED.
You and ipsy agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to the Services, or any products purchased through the Services will be resolved in accordance with the provisions set forth in this Legal Disputes Section.
Legal Disputes: Prohibition of Class and Representative Actions and Non-Individualized Relief.
YOU AND IPSY AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND IPSY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.
Legal Disputes: Mandatory Arbitration.
Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual. An arbitrator should apply the terms of the Agreement as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability, the scope or enforceability of the agreement to arbitrate in this Legal Disputes Section, or the interpretation of the paragraph above entitled "Prohibition of Class and Representative Actions and Non-Individualized Relief", shall be for a court of competent jurisdiction to decide.
You and ipsy each agree that any and all dipsutes or claims that have arisen or that may arise between you and ipsy relating in any way to or arising out of this or previous versions of this Agreement, your use of the Site or Services shall be resolved by final and binding arbitration. The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable), as modified by this Agreement to Arbitrate. The AAA's rules are available at www.adr.org or by calling the AAA at 1-800-778-7879. The use of the word "arbitrator" herein shall not be construed to prohibit more than one arbitrator from presiding over an arbitration, rather the AAA's rules will govern the number of arbitrators that may preside over an arbitration conducted under this agreement to arbitrate in this Legal Disputes Section. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state of California, as set forth in the Section "Choice of Law". Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this Legal Disputes Section, except as may be required by statute.
Unless you and we agree otherwise, in the event that the agreement to arbitrate in this Legal Disputes Section is found not to apply to you or to a particular claim or dispute, you agree that any claim or dispute that has arisen or may arise between you and ipsy must be resolved exclusively by a state or federal court located in San Francisco County, California. You and ipsy agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims or disputes.
Choice of Law: This Agreement shall in all respects be governed by the laws of the State of California and the United States of America, without regard to choice of law provisions. The U.N. Convention on Contracts for the International Sale of Goods (1980) shall not apply to this Agreement.
No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term, and ipsy's failure to assert any right under this Agreement shall not constitute a waiver of such right or provision.
Severability: If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
No Agency: You and ipsy are independent contractors. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notice: Except as explicitly stated otherwise, any notice required or permitted by this Agreement must be in writing. Any notice to ipsy must be given by postal mail to ipsy, Attention: Legal Department, 201 Baldwin Ave. 2nd Floor. San Mateo, CA 94401. Any notice to you may be given: (1) to the email address you provide to ipsy during registration or when your email address changes, in which case notice will be deemed sufficient 24 hours after the email is sent unless the sending party is notified that the email address is invalid; or (2) by certified mail, postage prepaid, return receipt requested, to the last mailing address you provided to ipsy, in which case notice will be deemed sufficient three days after the mailing date.
For intellectual property issues, please provide notice as specified in ipsy's Copyright and Intellectual Property Policy.
Survival: The provisions of this Section 4 shall survive termination or expiration of this Agreement.